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发信人: gjp (gjp), 信区: AdvancedEdu
标 题: Canada Immigration Site, if you are interested...
发信站: BBS 水木清华站 (Sat Apr 5 11:39:41 1997)
Frequently Asked Questions About Canadian Immigration and Permanent Residence
The following FAQ addresses some of the general aspects of Canadian permanent residence and immigration.
It has been prepared by David Cohen, an attorney with over 20 years of experience in immigration matters.
Readers who have additional questions after having read this FAQ are invited to address them to this office
by e-mail.
Those wishing to receive assessments of their qualifications for the purposes of Canadian immigration are
invited to provide the following information to our office.
Age
Education
Occupational history (including job duties)
Language abilities in English and/or French
Family in Canada?
If your Web browser supports forms, you may fill out our Online Assessment Form.
If your Web browser cannot support online forms, you may Download a Text Copy and send it to our office
by e-mail to assessments@canadavisa.com
Index of Questions
1.What is a Canadian permanent resident visa?
2.Who qualifies?
3.I heard that the Regulations will be changing. When will that be?
4.Are there special procedures for any of Canada's different provinces?
5.Is it more difficult to qualify under these Quebec criteria?
6.Will the fact that I am concurrently applying for a non-immigrant visa affect either application?
7.Are family members included in the application?
8.How long will I have to land in Canada following the issuance of my Visa?
9.Must I land at or near the location I indicated as my intended destination?
10.When must my dependents land?
11.Can I have the expiration of my landing documents extended?
12.I indicated my intended destination as outside/inside Quebec. May I land inside/outside Quebec?
13.What should I take with me when I land?
14.Must I stay in Canada following landing?
15.When can Canadian citizenship be obtained?
16.Will my status in Canada mean that I can enter/work in the USA?
17.What is the job-market like in Canada?
18.Is it necessary to use an attorney for immigration to Canada?
19.How long does the immigration process take?
20.Is there a selection interview with an immigration officer?
21.What does the interview cover?
22.Will I take a medical examination?
23.I have a certain disease/disorder. Will I fail because of that?
24.My wife is pregnant. Will she have to take the medical?
25.My spouse is not with me. Can he/she take the exam in another country?
26.Will my non-accompanying dependents be required to complete medical examinations?
27.I recently completed medical examinations for my visitor visa/student authorization/employment
authorization. Will additional medicals be required?
28.Do I submit a police clearance?
29.When must I submit this clearance?
30.I will have a great deal of difficulty getting a clearance from a certain country. Can I omit it?
31.I have been told a background clearance is being done in my case. I already did a security clearance,
why must this be done as well?
32.Are there Canadian government filing fees?
33.Which documents must be submitted?
34.When must I submit them?
35.Can I transfer the application to a different office later on in the process?
36.Are there financial requirements?
37.Is there any benefit to having relatives in Canada?
38.What is meant by "related work" experience?
39.Must the experience have been on a full-time basis?
40.How is experience in a previous or current occupation evaluated when that occupation differs from the
applicant's intended occupation in Canada?
41.Is credit given for experience gained in conjunction with post-secondary studies?
42.Is a Canadian employment offer a requirement?
43.Can I apply if I do not have the minimum experience (as yet)?
Answers to Frequently Asked Questions
Q: What is a Canadian permanent resident visa?
A Canadian permanent resident visa permits the holder to reside and earn a livelihood anywhere within
Canada. Certain privileges and obligations as a Canadian are conferred with such status.
Q: Who qualifies?
Individuals who are able to obtain a sufficient number of points according to selection criteria established by
the Canadian government. Points are awarded for factors such as education, age, experience, occupational
demand in Canada and language abilities. Individuals possessing a first-level university degree (or currently
in a graduate program) with at least one year of related experience would likely be good candidates. Scientists,
engineers, systems analysts/programmers, and accountants are but some of the occupations which afford
high points. You may wish to refer to a detailed summary of the current Selection Criteria for additional
details on such, or the current General Occupations List for a listing of the available occupations for a Federal
Application.
In addition to the skilled worker category, there are also the and family classes in which applicants may
qualify for immigration.
Q. I heard that the Regulations will be changing. When will that be?
Volume 131, No. 11 of the Canada Gazette, published Saturday March 15th,1997 contained details of the
most recent proposed amendments to the Immigration Regulations 1978, expected to affect the skilled worker
category. The preface to the amendments indicate that the changes are "primarily technical in nature" and do
not "reflect a substantive change to the Regulations or to programme policy." These changes are currently
legislated to take effect May 01, 1997.
Q. Are there special procedures for any of Canada's different provinces?
Yes, the province of Quebec has the right to select its own candidates for immigration, and as such has its
own Selection Criteria. This means that anyone with an intended destination within Quebec must satisfy these
Selection Criteria. The list of open occupations for Quebec is considerably shorter than that of the list for a
Federal Application.
Q. Is it more difficult to qualify under these Quebec criteria?
Not necessarily. Neither set of criteria is more difficult; they are very different, however.
Q. Will the fact that I am concurrently applying for a non-immigrant visa affect either application?
According to the Canadian Immigration SELECTION AND CONTROL manual which immigration officers are
legally bound to adhere to, an individual who has applied for Canadian permanent residence (PR) is subject to
the same requirements as others when seeking entry into Canada as a visitor. The individual should therefore
possess reasonable purposes for entry and should understand that he or she must leave Canada in order to
receive the immigrant visa. The implications for this vary with an individual's place of residence. For
countries where residents enjoy relatively easy flow across Canadian borders, PR applicants may utilize the
ease of entry in order to better acquaint themselves with their intended destination. Those residing in regions
that do not enjoy this benefit will not necessarily suffer in their PR application, however.
A non-immigrant application may be more closely scrutinized in the presence of a concurrent immigration
application, as there is an apparent tendency to immigrate. If the ties of the applicant to his/her home can be
demonstrated, however, such an application may succeed. The presence of a non-immigrant application
should have no effect on an immigration application.
Q. Are family members included in the application?
The spouse and any dependent children (i.e., under the age of 19; or in excess of that age, not having
interrupted their schooling for over 12 months) are included in the application of the principal applicant.
When there exist humanitarian and compassionate grounds an elderly parent may be included as an
accompanying dependent. Otherwise parents may be sponsored after the applicant has become a permanent
resident.
Q. How long will I have to land in Canada following the issuance of my Visa?
You will have a period of one year following the initial conclusion of your medical examination in order to
land. If delays cause the validity of your medical documents to expire, additional examinations may be
required.
Q. Must I land at or near the location I indicated as my intended destination?
No, that is not necessarily required.
Q. When must my dependents land?
They must land at the same time, or following the principal applicant, within the validity of the landing
documents.
Q. Can I have the expiration of my landing documents extended?
Applicants must generally land within the time indicated on the landing documents. Failure to do so may
mean that the applicant forfeits any status that may have been tentatively conferred.
Q. I indicated my intended destination as outside/inside Quebec. May I land inside/outside
Quebec?
A change in intended destination prior to landing may be a material change to your application which is
sufficient to warrant the revision of the application by the visa office. As a general rule, this would typically
only be the case if the individual, prior to landing, makes such a change in intention so as to wish to reside in
Quebec although having applied with an intended destination outside of Quebec, or vice-versa.
Q. What should I take with me when I land?
Applicants must take along a valid passport and the landing documents. Proof of settlements funds may also
be requested at the time of landing. Applicants may also benefit by taking copies of any available statutory
documents (i.e., birth certificates, marriage certificates, etc.), as well as an inventory of the items they wish to
take to Canada.
Q. Must I stay in Canada following landing?
There are certain requirements concerning a permanent resident's physical presence in Canada that should
be considered.
Q. When can Canadian citizenship be obtained?
Canadian citizenship is voluntary and may be applied for after 3 years of physical residence in Canada. Time
spent outside of Canada beyond what may be expected for normal reasons (i.e., vacations, etc.) may not be
counted towards such.
At the present time Canada recognizes the concept of multi-citizenships.
Q. Will my status in Canada mean that I can enter/work in the USA?
Unless otherwise exempted, permanent residents of Canada must obtain proper authorization to enter or
work in the USA. Citizens of Canada are not required to obtain visas to enter the USA, and may be eligible to
be employed in Canada under the provisions of the NAFTA Agreement.
Canadian permanent residents with citizenship of the following countries, do not need passport visas to enter
the USA:
Antigua, Australia, Bahamas, Bangladesh, Barbados, Belize, Bermuda (British subjects), Botswana, Brunei,
Cyprus, Dominica, Fiji, Gambia, Ghana, Grenada, Guyana, India, Ireland, Jamaica, Kenya, Kiribati, Lesotho,
Malawi, Malaysia, Maldives, Malta, Mauritius, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, St.
Kitts and Nevis, St. Lucia, St. Vincent, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa*, Sri
Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, UK (including its colonies,
territories, and dependencies, such as Hong Kong or Bermuda), Vanuatu, Western Samoa, Zambia, Zimbabwe
* Preliminary information
Q. What is the job-market like in Canada?
Skilled individuals, especially in sectors of high technology, the sciences, finance and engineering should be
able to secure rewarding positions in Canada. For an overview, it is recommended to look through the
"careers" section of any major Canadian newspaper. Additional employment resources on the internet are also
available at this Web Site.
Q. Is it necessary to use an attorney for immigration to Canada?
Canadian Immigration Regulations do not require individuals to make use of attorneys for the purposes of
applications for permanent residence. The process is not difficult to understand for the average individual. At
the same time, however, the immigration process is far from simple, and cannot be considered
straight-forward by any measure.
An experienced attorney is intimately familiar with the intricacies of Canadian immigration laws. In addition,
the length of time during which an attorney has practiced directly translates into very valuable experience
with the immigration system, which cannot be replaced by any amount of study.
Not all individuals or firms claiming to represent applicants in the Canadian immigration process are
attorneys, however. There may be risks to using such consultants in certain cases.
Q. How long does the immigration process take?
From 6 months to 24 months depending upon which Canadian immigration processing post is selected to
process the file. An application may be submitted to any processing post outside of Canada. Strategic
selection of the processing post will make for shorter delays. Historical information regarding such
performance at each of the overseas posts is available for each category at this Web Site.
Q. Is there a selection interview with an immigration officer?
The principal applicant is required to attend a selection interview as a general rule. However, some
immigration processing posts will waive the necessity of a selection interview in certain circumstances.
Furthermore, some processing posts require that all accompanying dependents over the age of 19 attend the
selection interview, while other posts do not.
Q. What does the interview cover?
Q. Will I take a medical examination?
You and your accompanying dependents will be required to take a medical examination. The specific timing
and procedure of the medical examination varies from office to office.
Q. I have a certain disease/disorder. Will I fail because of that?
Medical inadmissibility is governed on a case by case basis, taking an applicant's full medical history into
account. As such, it is not generally possible to determine if a specific disorder will be grounds for
inadmissibility. The typical factors that are considered are the possible health risks of a specific
disease/disorder to Canadians, or the possibility of undue burden to the health care system resulting from
such.
Q. My wife is pregnant. Will she have to take the medical?
Medical examinations are generally delayed until pregnant applicants have delivered a child. At such time, a
dependent child will also undergo medical examination.
Q. My spouse is not with me. Can he/she take the exam in another country?
Yes, medical examinations can generally be taken at any of numerous locations around the world. This may
involve a Private Medical Center in the USA, or a Designated Medical Practitioner elsewhere.
Q. Will my non-accompanying dependents be required to complete medical examinations?
Yes.
Q. I recently completed medical examinations for my visitor visa/student
authorization/employment authorization. Will additional medicals be required?
If these medical examinations are still considered valid, and an M1 or M2 rating was obtained (indicating the
assessment of the medical condition of the applicant), additional medical examinations may not be requested.
Q. Do I submit a police clearance?
The principal applicant and all accompanying dependents over the age of 18 must submit a police clearance
for any country within which they have resided within 10 years, while over the age of 18, prior to the
submission of an application.
Q. When must I submit this clearance?
That depends on the location to which the application is being submitted. Clearances may generally be
submitted later in the application, with the exception of most posts engaged in the one-step application
procedure.
Q. I will have a great deal of difficulty getting a clearance from a certain country. Can I omit it?
Various posts may be willing to waive the requirement for such clearances if a clear obstacle to obtaining it
can be demonstrated. In general, however, applicants should assume that clearances must be obtained.
Q. I have been told a background clearance is being done in my case. I already did a security
clearance, why must this be done as well?
Background clearances are done in certain cases, and are in addition to any security clearances which may
have been obtained. They are conducted in order to eliminate the possibility of an applicant being a security
threat, although not having had a criminal record. to The background clearance does not involve the active
participation of the applicant. Very little can be done to expedite such clearances, in general.
Q. Are there Canadian government filing fees?
Yes, a non-refundable fee must be included with the application. The amount is CAD$500 (CAD$1000) for
the principal applicant plus CAD$500 for each accompanying dependent over the age of 19 and CAD$100
for each accompanying dependent under the age of 19. In addition there has recently been implemented a
Right Of Landing Fee, which is CAD$975 per adult applying. This fee is, however, refundable in the event that
an individual is not able to land in Canada; by choice or because of inadmissibility.
Although many visa offices worldwide accept the local currency of the country in which they are located,
fluctuating exchange rates dictate that the amount should be verified prior to submission of an application.
Q. Which documents must be submitted?
Proof must be furnished of the applicant's education and experience. It is recommended that applicants also
prepare and submit a detailed curriculum vitae. Furthermore, one will need to provide birth and marriage
(when applicable) certificates and a certificate of non-criminal activity from each jurisdiction in which the
applicant has resided during the last 10 years.
Each processing post has different requirements concerning the submission of documents. It is advised that
these requirements be adhered to, as in come cases, failure to do so may mean that the application can be
returned to you unprocessed. An example of a situation in which this may happen is the one step application
process.
Q. When must I submit them?
Various processing offices have varying requirements concerning the submission of documentation. Many
offices either request or accept supporting documentation at the time of submission of an application, while
others do not. Applications submitted to offices engaged in the one-step application procedure must contain
complete documentation, as per the specifications of the office.
Q. Can I transfer the application to a different office later on in the process?
Yes, the application can be transferred to a different post if necessary. You should address the request to the
overseas post processing your application in writing, being sure to clearly indicate the other post, and its
address, to which you wish to have the application transferred. A fee of CAD$100 payable to "The Receiver
General for Canada" should be enclosed therewith.
Q. Are there financial requirements?
Yes. Funds sufficient to settle in Canada must be demonstrated before the issuance of the visa. The amount
required varies according to the size of the immigrating family and ranges from CAD$7,000 for a single
individual to approximately CAD$20,000 for a large family destined to a major Canadian city.
Q. Is there any benefit to having relatives in Canada?
A close relative who is a Canadian citizen or permanent resident living in Canada gives the applicant
additional points.
Q. What is meant by "related work" experience?
A minimum requirement for qualifying is that the applicant have at least one year (6 months for Quebec) of
working experience related to his/her intended occupation in Canada. In certain instances graduate and
post-graduate students may rely upon their faculty related research etc. to satisfy this requirement. However,
there is discrepancy in the recognition of such experience from one immigration processing post to another.
Q. Must the experience have been on a full-time basis?
The Regulations make no such requirement. As such it is reasonable to assume that 1 or more part-time
(and/or non-consecutive) positions over an extended period could satisfy the necessity of having obtained at
least 1 year of experience. As a guideline we would suggest that the acc umulation of 1750 hours of work in a
related occupation, over a period of time equal to or greater than 1 year, would suffice to meet the minimum
threshold.
Q. How is experience in a previous or current occupation evaluated when that occupation differs
from the applicant's intended occupation in Canada?
This issue is referred to as "transferability" of experience and is dealt with in some detail in the Canadian
Government Immigration Manuals at Volume I, Section 4.30. In an effort to achieve the maximum number of
points or alternatively to be evaluated in an occupation which appears upon the "open list" of occupations, an
applicant may indicate an intended occupation other than that in which he/she is primarily qualified or has
been predominately employed. Transferability of experience will have to be considered in situations such as
the following:
An applicant declares that experience gained in an occupation not included on the open list qualified
him/her to adequately carry out the functions of an occupation which is included on the open list. As
the Manual points out, each such case must be examined on its merits. One should not assume that
experience gained in a higher skilled, more demanding occupation can automatically be transferred to a
lower skilled, less demanding occupation.
An applicant has carried out the functions of an occupation on the open list in addition to his/her
primary occupation, perhaps in the past or as part of his/her current employment. If properly proved,
points for this secondary experience and occupation should be awarded if beneficial to the applicant.
An applicant has during his/her employment carried out some, but not all, of the functions of a
particular occupation on the open list. Again , there is no fixed rule and the applicant will have to
demonstrate that the skills, abilities and duties of his/her actual occupation match those of the
intended occupation in Canada.
In any situation where transferability of experience is at issue, the applicant will first have to satisfy the visa
officer that his/her experience qualifies him/her for the intended occupation. To do this effectively it would
be helpful if the applic ant could refer to and rely upon the Canadian Classification and Dictionary of
Occupations (CCDO) which lists the essential elements of each occupation on the open list. However, gaining
access to the CCDO may be difficult for the individual applicant be cause it's use in Canada in
non-immigration matters has been phased out and as a result the CCDO is no longer in print. In any event,
let us assume that the applicant can establish that his/her employment history included the performance of
at least some of the important elements of the intended occupation. In such cases, that percentage of the
relevant employment background will be credited under the experience factor. The percentage must
cumulatively add up to at least 1 year.
Q. Is credit given for experience gained in conjunction with post-secondary studies?
The answer is not simply yes or no and there is a lack of consistency in the treatment of this type of
experience among the different visa officers. Teaching experience is of little use because "teachers" are not on
the open list. Research experience may be credited if, in conducting it, the applicant has performed some or
most of the essential elements of the intended occupation.
Q. Is a Canadian employment offer a requirement?
No, it is not. Having such arranged employment may be beneficial in some cases, however.
Q. Can I apply if I do not have the minimum experience (as yet)?
If you do not have a minimum of one year (6 months for Quebec) of experience in an open occupation, you
must obtain arranged employment, or be able and willing to work in a designated occupation in Canada.
If you are just short of the minimum requirement for experience, and will have completed such by the time of
the completion of paper screening or the time of a selection interview, then you may be able to submit the
application, anyhow. Various processing posts have differing policies regarding this, however, and it is
advised that confirmation be received prior to submitting an application under these circumstances.
All Contents of thi
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